Is the prospective Aplus transferee required to execute the current form of the Franchise Agreement?
Aplus Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.2.5.
The transferee and, if Franchisor requires, all persons owning any interest in the transferee, have executed the form of Franchise Agreement then being offered to new franchisees, which may be substantially different from this Agreement, and may include a different Royalty Fee, Marketing Fee rates and other material provisions; the initial term of the Franchise Agreement shall be the initial term provided for in the then-current franchise agreement, and all renewal terms shall be governed by the then-current franchise agreement, and the territory shall be the same as the territory granted pursuant to this Agreement;
Source: Item 23 — RECEIPT (FDD pages 68–302)
What This Means (2024 FDD)
According to Aplus's 2024 Franchise Disclosure Document, a prospective transferee is required to execute the current form of the Franchise Agreement. Specifically, the transferee and all persons owning any interest in the transferee, if required by Aplus, must execute the Franchise Agreement form that is then being offered to new franchisees.
This new agreement may differ substantially from the original agreement. It may include different Royalty Fee and Marketing Fee rates, as well as other material provisions. The initial term of the new Franchise Agreement will be the same as that provided for in the then-current franchise agreement. All renewal terms will be governed by the then-current franchise agreement, and the territory will remain the same as the territory granted pursuant to the original agreement.
This requirement ensures that all Aplus franchisees operate under the same current standards and terms, which is a common practice in franchising. Prospective transferees should carefully review the current Franchise Agreement to understand any changes in obligations or fees compared to the original agreement. This could impact the profitability and operational requirements of the franchise.